This Agreement is between The TechHaus™ and the person/persons who use our IT, Website Hosting, Domain Service, Service & Repairs, and SEO Services. Please read carefully to understand our terms before purchasing our products or services.
The TechHaus™ agrees to provide the services stated for the price agreed at any given time. Unlike many other web hosting companies, we do not mislead customers with hidden costs.
Customers are responsible for monitoring their monthly storage space and bandwidth transfer. Customers who exceed their account limit will be sent an email with the option to either upgrade their account or reduce storage. If customers continue to exceed the limit, we will do everything possible to fix the problem. We do hold the right to ban accounts for continuous problems. If customers sign up for an account and cancel it within the first month, they will still be charged for the entire first month.
Renewal notices are emailed three days before your account's actual renewal date. If you're using a credit card, you will not have to worry about manual payments. All accounts are set up on a pre-pay basis. If payment is not received within seven days, a $5 fee will be added. The TechHaus™ reserves the right to change prices at any time unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from when it was established to when YOU notify The TechHaus™ to request for termination of services. Although we are US-based, our website's currency is USD. Your billing cycle corresponds to the contract length initially chosen at setup. Your account will automatically renew at this length unless canceled beforehand. There is no fee for canceled accounts that have been paid yearly. If you cancel an account on the monthly billing cycle, The TechHaus™ can not refund any payments made before.
All annual payments are nonrefundable once the 30-day money-back guarantee has passed. Your yearly plan will only end if your account does not comply with our terms of service/acceptable usage policy. Both monthly and annual payments are nonrefundable if your account does not follow our terms of service/acceptable usage policy.
Customers must acknowledge that the amount of the services bought is based on the customer's agreement to pay the fee for the initial or renewal term.
Any attempt to undermine or cause harm to a server or customer of The TechHaus™ is strictly prohibited.
The TechHaus™ will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include 'Internet scamming' (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to The TechHaus™, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, and civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - The TechHaus™ has the right to discontinue service or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to a violation of the terms outlined below.
YOU may not run IRC, bots, or clients on shared servers. Unacceptable uses also include but are NOT limited to Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and anything else determined by The TechHaus™ to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB-ACCESSIBLE SCRIPTS—All out-of-date and actively exploited web applications will be shut down immediately without prior notice. YOU are responsible for and should evaluate your web-based applications and scripts regularly to ensure their security and orderliness.
Shared hosting accounts may also be terminated if they include the following content or have links to the following content: Providing material that is grossly offensive to the Web community, including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any cracker utilities.
The TechHaus™ will be the sole arbiter of what constitutes a violation of this provision. You are responsible for monitoring your disk space usage. If you need extra disk space, contact one of our staff; they will gladly help. You can also upgrade your hosting plan inside your TechHaus™ client account.
The TechHaus™ intends to provide a large bandwidth to transfer web documents, not an offsite storage area for electronic files. If you violate this condition, you will be notified and given 48 hours to remedy the problem. Failure to do so will result in you being billed for the overages
Traffic will be unmonitored until you reach the quota allocated to your specific plan. The TechHaus™ will be the sole arbiter of what constitutes a violation of this provision.
Customers agree to use our services under the Acceptable Use Policy, which is here and incorporated with this agreement. Customers agree that The TechHaus™ holds the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of The TechHaus™ notice to the Customer that an amendment has been made or the first day of any Renewal Term that begins after the amendment. The customer agrees to cooperate with The TechHaus™ a reasonable investigation of any suspected violation of the AUP. In a dispute between The TechHaus™ and Customer regarding the interpretation of the AUP, The TechHaus™ commercially reasonable interpretation of the AUP shall govern.
Customer represents and warrants to The TechHaus™ that the information they have provided and will provide to The TechHaus™ {to establish and maintain the service is accurate. If Customer is an individual, Customer represents and warrants to The TechHaus™ that they are at least 18. The TechHaus™ may rely on the instructions of the person listed as the Primary Customer Contact on the Order about the Customer's account until the Customer has provided a written notice changing the Primary Customer Contract.
Unsolicited commercial advertisements ('SPAM') are not allowed in e-mail and will likely result in account cancelation. The TechHaus™ takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deleted.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and refund. Sending numerous copies of the same or substantially similar message intending to disrupt a server or account ('mail bombing'); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list's charter to see whether advertising is allowed. Sending a message to many off-topic newsgroups is unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
NOTE - If YOU use the services of another provider to promote a website hosted by or through The TechHaus™ ('spamvertising'), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
The TechHaus™ provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging our cPanel control panel interface, servers within our immediate responsibility, and other hosting-related issues.
Unlike many hosting companies, we do our best to help with scripts, templates, and programming languages. However, under no circumstances is The TechHaus™ obligated to help YOU install new application modules, templates, and programming languages or to provide assistance for any errors produced by any applications previously modified by YOU.
Each shared web hosting account comes with its own CGI-BIN. You are free to use any CGI scripts you wish; however, we reserve the right to turn off any CGI script that affects regular shared server operation without prior notice.
Customer agrees to indemnify and hold harmless The TechHaus™, The TechHaus™'s affiliates, and each of their respective officers, directors, agents, and employees from and against any claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses, and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS The TechHaus™ AGAINST LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH The TechHaus™'S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM The TechHaus™'S SERVER.
The TechHaus™ does not warrant or represent that the services will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law, The TechHaus™ disclaims any warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. All services are provided on an "As Is" basis.
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential, or punitive loss or damage of any kind or for damages that could have been avoided by the use of reasonable diligence arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of The TechHaus™ and any of its employees, agents, or affiliates under any theory of the law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.
Customer agrees that The TechHaus™ may suspend services to Customer without notice and liability if: (i) The TechHaus™ reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) The TechHaus™ reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay The TechHaus™ reasonable reinstatement fee if service is The TechHaus™ following a suspension of service under this subsection.
The Agreement may be terminated by Customer before the expiration of the Initial Term or any Renewal Term without further notice and liability if The TechHaus™ fails in a material way to provide the service by the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by The TechHaus™ before the expiration of the Initial Term or any Renewal Term without further notice and liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from The TechHaus™ describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
If you break our terms of service/acceptable usage policy, we can cancel any services. We will never cancel any services without trying to resolve the problem with you. However, in extreme cases, such as an account containing child pornography, we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example, if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This prevents people signing up for our services from breaching our terms.
Customer agrees that The TechHaus™ may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that The TechHaus™ believes violates applicable law and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
The customer agrees to maintain a current copy of all content hosted by The TechHaus™, notwithstanding any agreement by The TechHaus™ to provide backup services.
During any service term, customers may request up to one free restore for any reason. If a customer needs to request a restore after this, a $5 one-time fee will be enforced.
Upgrades and other changes in The TechHaus™'s network, including, but not limited to, changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and applications. The TechHaus™ reserves the right to change its network at its commercially reasonable discretion, and The TechHaus™ shall not be liable for any resulting harm to Customer.
Notices to The TechHaus™ under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first day following the delivery. The customer may change their notice address by a notice given in this section.
The TechHaus™ shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond The TechHaus™'s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
The Agreement shall be governed by the laws of the State of Connecticut, exclusive of its choice of law principles and the laws of the United States of America, as applicable. The United Nations Convention on the International Sale of Goods shall not govern the Agreement.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trademark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself as an agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on the Customer's purchase order or other business forms are not binding on The TechHaus™ unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights concerning that provision or any other provision of the Agreement. A party's waiver of any of its rights under the Agreement is not a waiver of any of its other rights concerning a prior, contemporary, or future occurrence, whether similar or not. The captions in the Agreement are not part of the Agreement but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third-party beneficiaries to the Agreement. Neither insurers nor reseller customers are third-party beneficiaries of the Agreement. The customer may not transfer the Agreement without The TechHaus™'s prior written consent. The TechHaus™'s approval for assignment is contingent on the assignee meeting The TechHaus™'s credit approval criteria. The TechHaus™ may assign the Agreement in whole or in part. This Agreement and the Order and AUP constitute the complete and exclusive agreement between the parties regarding its subject matter. It supersedes and replaces any prior understanding or communication, written or oral.
All files stored on The TechHaus™'s servers must be legally owned and accompanied by a valid license and/or copyright. This includes, but is not limited to, MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, and ISO. Should we discover any unlicensed and illegal files within YOUR account, the files will be subjected to deletion.
The TechHaus™ reserves the right to cancel a service at any time. All fees paid before cancellation will be pro-rated and paid by The TechHaus™ if we institute our right of cancelation. Any violation of policies that results in extra costs billed to YOU.
The TechHaus™ may offer subsequent promotional rates or special offers, which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined.
We have various special promotions that include a domain name. The cost of this domain name is usually covered by the first month's payment. As a result, our promotions are not refundable and are not covered by our 30-day money-back guarantee.
Material accessible to you through The TechHaus™'s services may be subject to protection under the United States or other copyright laws or laws protecting trademarks, trade secrets, and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use The TechHaus™ or its servers and network in a manner that would infringe, violate, dilute, or misappropriate any such rights with respect to any material that you access or receive through The TechHaus™ network. If YOU use a domain name in connection with The TechHaus™ or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the The TechHaus™ network to circumvent user authentication or security of any host, network, or account. This includes but is not limited to accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violating any other organization's security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. The TechHaus™ will cooperate fully with investigations for systems or network security violations at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
YOU will be solely responsible for the development, operation, and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including, without limitation:
(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,
(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party and
(c.) Ensure that the content and materials in the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders and for handling any customer inquiries or complaints arising therefrom.
You are also responsible for the security of any customer credit card numbers and related customer information you may access when conducting electronic commerce transactions through your website. You will keep all such information confidential and use the same degree of care and security as you use with your confidential information.
YOU expressly
(i) grant to The TechHaus™ a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by The TechHaus™ under this Agreement and
(ii) agree that such caching does not infringe YOUR intellectual property rights or any third party's intellectual property rights.
The TechHaus™ shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by The TechHaus™. The TechHaus™ reserves the right to change or remove any such IP numbers and addresses at its sole discretion.
YOU agree to pay The TechHaus™ before the effectiveness of the desired domain name registration, the then-current amount outlined in The TechHaus™ price schedule for the initial registration of the domain name, and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled, or transferred before the end of YOUR then current registration term. The TechHaus™ reserves the right to change fees, surcharges, renewal fees, or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee. We have confirmed YOUR registration in an email from The TechHaus™ to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by The TechHaus™) in connection with the payments of the registration fee for YOUR domain name registration, YOU agree and acknowledge that the domain name registration shall be transferred to The TechHaus™ as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. The TechHaus™ will reinstate YOUR domain name registration solely at The TechHaus™'s discretion and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain registrar to The TechHaus™.
YOU agree to pay The TechHaus™ before the effectiveness of the desired domain name transfer request, the then-current amount outlined in The TechHaus™ price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status
- Domain name registration period time expires or other constraints other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
The TechHaus™ reserves the right to change fees, surcharges, renewal fees, or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee and have confirmed YOUR registration in an email from The TechHaus™ to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by The TechHaus™) in connection with the payments of the registration fee for YOUR domain name registration, YOU agree and acknowledge that the domain name registration shall be transferred to The TechHaus™ as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. The TechHaus™ will reinstate YOUR domain name registration solely at The TechHaus™ discretion and subject to receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain away from The TechHaus™.
The TechHaus™ reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status, and there is no request from Registered Name Holder or Administrative Contact for the status change
- Domain name registration period time will expire in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
YOU agree and acknowledge that the failure or success of a domain name transfer will be your sole responsibility. The TechHaus™ will not be held liable for the failure of a domain name transfer for any reason.
Domain registrations are non-refundable. Please do not purchase the domain name until you are confident that it is precisely what you would like to buy.
The TechHaus™ reserves the right to refuse service to anyone. YOU may only use The TechHaus™ server for lawful purposes, and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution, or storage of any material violating applicable law or regulation is prohibited. This includes but is not limiting material protected by copyright, trademark, trade secret, or other intellectual property rights used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: 'Pirated Warez,' OGG, AVI, MPEG, ISO, 'Hacker programs or archives,' 'Copyrighted Digital Movie Copies (DIVX)', and 'Unlicensed MP3'. The designation of any materials described above is left entirely to the discretion of The TechHaus™ management.
If illegal content or usage is found, the account will be suspended and/or terminated. You agree that The TechHaus™ may disclose any and all your information, including assigned IP numbers, account history, account use, etc., to any law enforcement agent who makes a written request without further consent or notification.
Regardless of the place where you signed this agreement, YOU agree that for purposes of venue, this contract is entered in New Haven, Connecticut, and any dispute will be litigated or arbitrated in New Haven, Connecticut. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in New Haven, Connecticut courts. IN NO EVENT SHALL The TechHaus™'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
The TechHaus™ follows the strict guidelines of our customer privacy statement. Please make sure you fully understand this statement.